Mercury Capital Corp. v. Freehold Office Park, Ltd.

FISHER, P.J.Ch.

Twenty-two days after a sheriffs sale, defendant Freehold Office Park, Ltd.’s (“the mortgagor”) attempted to redeem the mortgaged property. Even though the sheriff had not yet delivered the deed, the mortgagor’s attempt to redeem was refused by the sheriff because more than ten days had elapsed from the sale. The mortgagor immediately sought a temporary restraining order preventing the sheriffs transfer of the deed to plaintiff Mercury Capital Corp. (“mortgagee”), the successful bidder. Because of the emergent nature of the situation, and after hearing the argument of both…